91Exercise of local authority functionsE+W
(1)The Secretary of State may by order provide for a function of a local authority that is exercisable in relation to an area [F1all or part of which is] within an EPB's area to be exercisable by the EPB in relation to the EPB's area.
(2)The Secretary of State may make an order under this section only if the Secretary of State considers that the function can appropriately be exercised by the EPB.
(3)An order under this section may make provision for the function to be exercisable by the EPB either generally or subject to such conditions or limitations as may be specified in the order.
(4)An order under this section may make provision—
(a)for the function to be exercisable by the EPB instead of by the local authority, [F2or]
(b)for the function to be exercisable by the EPB concurrently with the local authority.
[F3(c)for the function to be exercisable by the EPB and the local authority jointly, or
(d)for the function to be exercisable by the EPB jointly with the local authority but also continue to be exercisable by the local authority alone.]
(5)An EPB must perform the functions that are exercisable by the EPB by virtue of this section with a view to promoting the economic development and regeneration of its area.
(6)In this section “local authority” means—
(a)a county council, or
(b)a district council.
Textual Amendments
F1Words in s. 91(1) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 18(2)
F2Word in s. 91(4)(a) omitted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by virtue of Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 18(3)(a)
F3S. 91(4)(c)(d) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 18(3)(b)
Commencement Information
I1S. 91 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)